The tariff classification of tote bags from China

N165816 June 8, 2011 CLA-2-42:OT:RR:NC:N4:441 CATEGORY: Classification TARIFF NO.: 4202.92.1500, 4202.92.3031 Min Xie Phillips-Van Heusen Corporation 200 Madison Avenue New York, NY 10016 RE: The tariff classification of tote bags from China Dear Ms. Xie: In your letter dated May 11, 2011, you requested a tariff classification ruling. Your samples will be returned to you. Style THBRHOL11B11 is a tote bag constructed with an outer surface of 51% cotton and 49% polyester textile material. It is designed to provide storage, organization, protection and portability to personal effects during travel. The bag has a textile-lined storage compartment with a zippered pocket and two open pockets on the sidewalls. It has an open top with a tab that secures with a magnetic closure. The bag has two shoulder straps and an open pocket across the front exterior. It measures approximately 14.5” (W) across the top opening x 11” (H) x 7.25” (D). Textile articles that are constructed of a blended fabric are classified as if they are wholly of the fiber that predominates by weight. In this case, the cotton is the predominating textile material. Please note that even a slight change in the fiber content may result in a change of classification. The handbag and tote bag may be subject to laboratory analysis by Customs and Border Protection (CBP) at the time of importation. If the fabric is other than the construction stated in your request, the bags may be reclassified by CBP at that time. Style THBRHOL11B12 is a tote bag constructed with an outer surface of 100% quilted nylon textile material. It is designed to provide storage, organization, protection and portability to personal effects during travel. The bag has a textile-lined storage compartment with a zippered pocket and two open pockets on the sidewalls. It has an open top and secures with a magnetic closure. The bag has two shoulder straps and an open pocket across the front exterior. It measures approximately 14.5” (W) across the top opening x 9” (H) x 6” (D). The applicable subheading for style THBRHOL11B11 will be 4202.92.1500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for travel, sports and similar bags, with outer surface of textile materials, of vegetable fibers and not of pile or tufted construction, of cotton. The duty rate will be 6.3 percent ad valorem. The applicable subheading for style THBRHOL11B12 will be 4202.92.3031, HTSUS, which provides for travel, sports and similar bags, with outer surface of textile materials, other, of man-made fibers, other. The duty rate will be 17.6 percent ad valorem. Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/. This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177). A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Vikki Lazaro at (646) 733-3041. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division